Case Details

Citation(s)
2006 SLG 2082 2006 SLD 2082 2006 CLC 755
Lahore High Court
Writ Petition No.17411 of 2003, decided 14-07-2005
SYED HAMID ALI SHAH, J

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MUHAMMAD MAALIK

VS

MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE anD3 others

Law:

Section:

(a) West Pakistan Land Revenue Rules, 1968-------R.l7---Lambardar, appointment of---Contest between son of former lamberdar and other candidate---Son of former lambardar was educated, retired employee and belonged to a community of village---Other candidate was Chairman Zakat and Ushr Committee of the area, had rendered unblemished services as sarbarah lambardar for over a decade, belonged to major Baradari of village and owned more land than son of former lambarar---Appointment of other candidate by Collector was, held, to be based on valid reasons. Muhammad Ismail v. Member (Judicial-II), B.O.R. 1994 CLC 913; Muhammad Younas v. Member (Revenue) BOR 1997 SCMR 1115; Taj Muhammad v. M.B.R. 1994 CLC 906 and Mst. Nasreen Iqbal v. Member (Revenue) B.O.R. PLD 1993 Lah. 423 ref. (b) West Pakistan Land Revenue Rules, 1968--- ----R. 17---Lambardar, appointment of---Essential factors requiring consideration stated. Authority competent to appoint lambardar is under an obligation to consider these essentials: (i) hereditary claim, (ii) extent of property in the estate, (iii) services rendered to the Government, (iv) character, ability and freedom from indebtedness, (v) strength and importance to the community to which a candidate belongs. (c) West Pakistan Land Revenue Rules, 1968--- ----R. 17---Appointment of lambardar---Choice of Collector in selection of lambardar---Validity---Such choice would not be interfered with, if Collector exercised his discretion in a reasonable manner. Rao Abdul Jabbar Khan for Petitioner. Muhammad Akbar Cheema for Respondent No.4. ORDER SYED HAMID ALI SHAH, J.--- Respondent No.4 approached through an application dated 17-12-1996, Tehsildar Pasroor for his appointment as Lambardar in place of his brother Nazir Ahmad who had since died. Nazir Ahmad (deceased) at the time of the death of his father, Hameed Ahmad Khan, was appointed Lambardar. Said Nazir Ahmad (deceased) due to old-age and illiteracy entrusted this assignment to respondent No.4 on Superdari. Petitioner also moved an application on 18-4-1997, for his appointment as Lambardar oil the basis of bisis of his experience and unblemished performance. 2. Tehsildar processed both the…
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